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tax purposes.
Another option is to exclude income in a manner consistent with the food stamp program's
definition of net income and to allow the deductions from income provided under 7 C.F.R. $
273.9(d). 16 Both options recognize that the sponsor needs to retain some income to support his
or her family and that the amount of income deemed needs to bear some relationship to the
amount of a sponsor's income that is actually available for the support of a sponsored
immigrant.
The treatment of the resources of sponsors under the proposed rules is similarly
problematic. The current food stamp deeming provisions provide that the resources of a sponsor
that must be counted are the total amount of his or her resources as determined under 7 C.F.R. $
273.8, minus $1,500. The proposed rule (proposed 7 C.F.R. $ 273.4(c)(2)(iii)) eliminates the
$1,500 reduction. This reduction should be retained. In fact, comments should argue that it
should be increased to $2,000, the current allowable resource limit under the food stamp
program for non-elderly households. This reduction - which recognizes that the sponsor needs
some assets for his or her own household - was set at $1,500 when the general food stamp asset
limit for non-elderly households was $1,500. Now that this limit is $2,000, the reduction also
should be $2,000.
The proposed rules retain a provision of the current rules that limits the amount of deemed
income and resources to the sponsor's income and resources divided by the number of immigrants
sponsored by the sponsor who apply for or participate in the food stamp program (proposed 7
C.F.R. § 273.4(c)(2)(iv)). Although this provision is positive and deserves support, it should be
modified to eliminate the requirement that the other sponsored immigrants must apply for or
participate in the food stamp program. This limitation no longer makes sense given that most
sponsored immigrants, even if otherwise eligible for food stamps based on their income and
resources, are no longer eligible for the food stamp program because of their status as immigrants.
Comments should urge that the final rules provide for the division of the sponsor's income by the
total number of immigrants that he or she has sponsored.
On another matter related to deeming, current rules provide that sponsor deeming does
not apply to an immigrant who is participating in the food stamp program as a member of his or
her sponsor's household or to an immigrant whose sponsor is participating in the food stamp
program separate and apart from the sponsored immigrant. 7 C.F.R. $ 273.11(j)(3)(i). The
proposed rules retain the exemption for immigrants who are participating as a member of their
sponsor's household (proposed rule 7 C.F.R. § 273.4(c)(3)). But the proposed rules delete the
exemption for immigrants whose sponsors are participating as part of a household separate from
16
These deductions include: a deduction equal to 20 percent of earned income (which is intended to cover
taxes and work expenses), a deduction for child care and dependent care costs, a deduction for housing costs that
exceed 50 percent of a household's net income, and a deduction for child support paid by a member of the
household.
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"ocrText": "PPI Intern1 - feb29fsregs_immig.wpd\nPage 9\ntax purposes.\nAnother option is to exclude income in a manner consistent with the food stamp program's\ndefinition of net income and to allow the deductions from income provided under 7 C.F.R. $\n273.9(d). 16 Both options recognize that the sponsor needs to retain some income to support his\nor her family and that the amount of income deemed needs to bear some relationship to the\namount of a sponsor's income that is actually available for the support of a sponsored\nimmigrant.\nThe treatment of the resources of sponsors under the proposed rules is similarly\nproblematic. The current food stamp deeming provisions provide that the resources of a sponsor\nthat must be counted are the total amount of his or her resources as determined under 7 C.F.R. $\n273.8, minus $1,500. The proposed rule (proposed 7 C.F.R. $ 273.4(c)(2)(iii)) eliminates the\n$1,500 reduction. This reduction should be retained. In fact, comments should argue that it\nshould be increased to $2,000, the current allowable resource limit under the food stamp\nprogram for non-elderly households. This reduction - which recognizes that the sponsor needs\nsome assets for his or her own household - was set at $1,500 when the general food stamp asset\nlimit for non-elderly households was $1,500. Now that this limit is $2,000, the reduction also\nshould be $2,000.\nThe proposed rules retain a provision of the current rules that limits the amount of deemed\nincome and resources to the sponsor's income and resources divided by the number of immigrants\nsponsored by the sponsor who apply for or participate in the food stamp program (proposed 7\nC.F.R. § 273.4(c)(2)(iv)). Although this provision is positive and deserves support, it should be\nmodified to eliminate the requirement that the other sponsored immigrants must apply for or\nparticipate in the food stamp program. This limitation no longer makes sense given that most\nsponsored immigrants, even if otherwise eligible for food stamps based on their income and\nresources, are no longer eligible for the food stamp program because of their status as immigrants.\nComments should urge that the final rules provide for the division of the sponsor's income by the\ntotal number of immigrants that he or she has sponsored.\nOn another matter related to deeming, current rules provide that sponsor deeming does\nnot apply to an immigrant who is participating in the food stamp program as a member of his or\nher sponsor's household or to an immigrant whose sponsor is participating in the food stamp\nprogram separate and apart from the sponsored immigrant. 7 C.F.R. $ 273.11(j)(3)(i). The\nproposed rules retain the exemption for immigrants who are participating as a member of their\nsponsor's household (proposed rule 7 C.F.R. § 273.4(c)(3)). But the proposed rules delete the\nexemption for immigrants whose sponsors are participating as part of a household separate from\n16\nThese deductions include: a deduction equal to 20 percent of earned income (which is intended to cover\ntaxes and work expenses), a deduction for child care and dependent care costs, a deduction for housing costs that\nexceed 50 percent of a household's net income, and a deduction for child support paid by a member of the\nhousehold."
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